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Author Topic: Would this be a HIMO & related questions?  (Read 4371 times)

Offline SidM

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Would this be a HIMO & related questions?
« on: October 05, 2009, 01:01:07 PM »
Ground floor - Shop with lounge & kitchen
First Floor - 2 bedrooms.  One bedroom occupied by two unrelated gentleman.  The second bedroom on this floor is unoccupied.
Second Floor - 1 bedroom also unoccupied.

1. Would this be a HIMO?
2. How do you prove that rent is being collected if what you are being told by 'landlord' & 'tenants' is a made up story of how the two gentleman are freinds that live rent free?
3. Is it really necessary to prove no.2 above under the FSO?


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Midland Retty

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Re: Would this be a HIMO & related questions?
« Reply #1 on: October 05, 2009, 02:16:53 PM »
1. If the second floor bedroom is let out then it will become a HMO
2. Rent paying or otherwise the landlord still has a duty to protect relevant persons from the activities that take place in the commerical premises [RR(FS)O] and also has other duties under the housing act .

Forgive me for asking but why are two "unrelated" gents sleeping in the same bedroom? - seems rather strange if they don't know each other. May be issues of space / privacy under housing legislation to consider with this possibly?
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Offline SidM

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Re: Would this be a HIMO & related questions?
« Reply #2 on: October 05, 2009, 02:37:38 PM »
They probably do know each other but they are highly unlikely to be unrelated as their names suggest they believe in different religions.
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"We are the unwilling,
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Offline wee brian

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Re: Would this be a HIMO & related questions?
« Reply #3 on: October 05, 2009, 03:12:26 PM »
They could be living as a single household.....
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Midland Retty

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Re: Would this be a HIMO & related questions?
« Reply #4 on: October 05, 2009, 03:46:11 PM »
Quite Wee Brian

...and that is what I was getting at - are the gents a couple thus forming one household?  If that is the case and the other room is let it would not become a HMO - as you will have only two sperate "households" (needs to be three or more to be classed as a HMO)

That said you would still have the issue of RRO looking at the commercial part of the premises and the local housing team may want to have a look at the residential part using the Health and Safety Risk Rating System
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Offline CivvyFSO

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Re: Would this be a HIMO & related questions?
« Reply #5 on: October 06, 2009, 02:26:26 AM »
Quote from: Midland Retty on October 05, 2009, 03:46:11 PM
are the gents a couple thus forming one household?  If that is the case and the other room is let it would not become a HMO - as you will have only two sperate "households" (needs to be three or more to be classed as a HMO)

Just two households can make it a HMO providing there are three or more tenants.
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